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we're back on "anderson cooper 360." oscar pistorius, the blade runner, out on bail due back in court june 4th. i want to talk more about what a trial might look like and why it may never take place. back with the panel. >> all of this kind of pa paranoia -- it now goes to a judge. there's no jury system there. it has a lot to do with the the makeup of society. help us understand how judges are schooled to deal with cases without the aid of a jury. >> in south africa we believe that judges spend their entire working lives being immersed in the law and trained in the law and schooled towards being objective in applying their

minds to the facts in the law in a neutral way. and that is the safeguard for justice. we also every aspect of our legal system is imbued with our constitution and our constitutional law. and the constitution itself really was a very collaborative process that is an expression of the people of south africa. in that prospect, they have a voice in the law and an influence in the law, but not in terms of deciding individual cases. >> mark, as you and i talked about, the magistrate commended pistorius for offering this very, very complete and thorough affidavit. his version of the events for the record. he even said it helped him in making his decision to grant him bail. couldn't that come back to haunt him? >> absolutely. they made the calculated decision. they said this case is infinitely better if he's out and not in for a multitude of reasons. for the lawyer's standpoint, i can't tell you how important it is to have the client out in

terms of preparing for a case like this, one of the supersized cases. number one. and number two, i think they felt strongly that they had been out to that scene, even though they haven't, i assume, gone through all of the expert forensic forensic analysis they are going to do, they took a look at the door and have an idea what the ballistics are going to come back to. i think they understand whether or not somebody could have heard screaming or not. so there's a certain amount of that that's probably not going to come back to bite him. there are other things that are problematic if it comes back. the toxicology for instance. >> it's true that there are problems with the prosecution's case. there are problems with the defense case, that's for sure. today it looks like it cries out for a plea bargain. south africa, as i understand it, has an active plea bargaining culture, as do we in the united states. there is culpable homicide out

there as a possible compromise from premeditated murder. and given the fact that everybody agrees that pistorius fired the shots that caused the fatal injuries, it just seems to me that now that he's going to be out on bail, the preparations could last a long, long time. i would not be at all surprised to see this case end in a plea. >> so no trial? >> no trial. >> today or the day before when he made the argument, the defense lawyer, he argued that this is a culpable homicide. so that's almost a telegraphing of, look, this might be something that's acceptable. this may be somewhere this case could end up. >> as a forensics expert, really in his affidavit in his version, it serves as a road map for someone like yourself. >> it was a terrible mistake to write a detailed affidavit. the burden is on the prosecution, not on the defense.

he had to say something, but you don't give such great detail because every single part of that affidavit can be verified or not verified by the evidence. the evidence doesn't lie. it's a matter of interpreting it. but clearly if he says he was in one position and the evidence says something different, there goes his credibility. >> i thought exactly the same thing when i read the affidavit. but mark has a point here. that affidavit turned out to be very important in getting him bail. >> that's not the case. >> there's leverage in the case. >> i'm right because i agree with you. >> what do you think is going to be the most important piece of forensic evidence? >> i would think that the ballistics evidence would be crucial here. >> the angle? >> the difference in the story has to do with whether he was

wearing his prosthetic legs or not. that would change his height, it would change the position of the gun. there's a lot we can tell with forensics. we can talk about the distance between the muzzle and the door. we can look at the victim. so we have a lot of information about bullet trajectories. so if his story is inconsistent or the angles and the height, if it doesn't connect with what he said, he is in deep, deep trouble. >> in the affidavit, he said he put his prosthetics on after the shooting. >> the judge raised a very breasting issue that i think is unresolved at this point. part of the prosecution theory is that she brought her phones into the bathroom because she was scared. she wanted to call for help. but the judge said there was no evidence of whether she did in fact call for help. >> they never checked the cell phones. >> someone will. and that will be significant. >> what's interesting is one of the phones has blood spatter, the other doesn't. that pattern is very crucial.

is it blowback from the gun? is that what we're talking about? did somebody touch it with a transfer of blood? it's crucial to know what kind of pattern. >> so two key statements from the defense, mark. one is that oscar pistorius says that his girlfriend had slipped into the bathroom while he was closing the balcony door. that's why he didn't know she wasn't in the bed. also she had locked the bathroom door only because she heard him yelling there was an intruder in the home. how much weight do those arguments have? >> i don't know that those are going to be the kind of thing that this case turns on. i think whether he was wearing the prosthesis, because all of this kind of paranoia, feeling vulnerable, shooting and going

half cocked is plausible if he does not have on his legs. >> we'll continue to watch it no doubt. see if it goes to trial or not. jeffrey toobin, mark, kelly, thank you all very much. this week we've seen oscar pistorius in a new light, a murder suspect in a tragic killing. until now, he was best known as an inspiring athlete who accomplished what no one had before him. how he got from there to here, ahead. twice as rewarding. earn double points or double miles on all your hotel stays through march thirty first. sign up now at hiltondouble.com.

many of us watched oscar pistorius make history at the london olympics. a double amputee who changed the way the world sees disabilities. before he reached the olympics, he made his name at the paraolympics. that's where blake leaper met him a few years back. here's what he told me about the blade runner when we talked earlier. >> i'm compete ago long side him. he was an inspiration to me. he went out of his way to help me out and give me insight. i was new to running and he's a veteran to the track and field world. he gave me a lot of information. >> other friends of pistorius and steenkamp have been speaking out this week as well. kevin last saw the couple last month. >> oscar was very loving, happy,

joyful person. fwlsh by no means was he mis behaving. he was a good guy. never was he reckless or aggressive towards anyone. when i saw them together, they were in love. oscar was a very loving person. as well as reeva. by no means did i think their relationship was in jeopardy. >> tonight those closest to pistorius just like those of us who have never met him are trying to wrap their heads around what's happened here. it's an extraordinary turn in a story that has never been routine. >> oscar pistorius was never like everybody else. >> i was missing the backbone in your leg.

this is the tibula. >> he was born that way and had both legs amputated at the knee before his first birthday. >> i grew up in a family where disability was never an issue. we didn't really speak about my disability. not because it was a topic that was taboo or we thought there was a stereotype, that's the mentality that i have. >> a mentality that drove him to succeed to walk by 17 months, to overcome the pain of his parent's divorce and later the grief of losing his mother. to race and compete. >> sports have been a big part of my life. we grew up in south africa where most kids enjoy the outdoors. i was never an academic so i had to find something where i enjoyed. i started sports. from a young age, my mother said

to us, sports are about being the best, but it's about giving your best. >> when he smashed his knee playing rugby at 16, oscar pistorius took up track to help him heal, a decision that would change his life. within the year, he won his first gold at the paralympics games using cheetah blades, earning him the nickname "the blade runner." >> you can see the sense of gravity. it's pretty difficult to balance on. with you're wearing them, if you're standing still, you have to put your foot down the whole time. >> pistorius was becoming a living legend, a hero in a battered nation, a media darling. his story captured worldwide attention. his prosthetics were inspiring to many, but controversial to others. >> i have been a big advocate for fair play. when it comes to the legs i use, they have been made since 1996

and made over 30,000 pairs. just from a practical point of view, there have never been athletes that run close to the the times i'm running on the 400. >> they were deemed an advantage to him, but it didn't stop him from competing. >> since i started running in 2004, most of my races have been races against able-bodied athletes. we just have a lot more races every season. i started running the circuit. i missed the olympics in '08 by less than a quarter of a second. i said if i get this opportunity again, i definitely don't want to miss it. >> that opportunity came at the 2012 london olympics. pistorius caused a sensation with his appearance at the games. to some, a symbol of triumph over adversity. and his star kept rising. pistorius picked up prime sponsorships from major brands

like nike. >> i have that addiction to perfection when i'm off the track as well. >> who featured him in this 2011 ad with the slogan "i am the bullet in the chamber." >> this is my weapon. this is how i fight. >> now nike is suspending their relationship with him. pistorius' fame and success made him a role model for all people. >> he's done magnificently well, and i think everybody is proud of him. >> being an international sportsman, there's a lot of responsibility that comes with it. remembering that there are kids out there that look up to you is definitely something you need to keep in the back of your mind. >> pistorius had his fans, but also had his critics. he was known for having a quick temper, but friends and family say that didn't mean he would ever hurt anyone, especially not his girlfriend reeva steenkamp.

>> when i saw them together in capetown, they were in love. oscar was a loving person as well as reeva. by no means did i think their relationship was in jeopardy. they were very loving. it's very sad because it was a big shock to us to hear what happened. >> pistorius used to say his life was a blessing. he was able to overcome his disability and prove himself on the field over and over again until there was no doubt about his abilities. whether he can prove himself again is the question. >> coming up, friends and family try to cope with the loss of reeva steenkamp. we'll take a closer look at who reeva was and hear from her family members when our special hour continues. [ male announcer ] how do you measure happiness?

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courtroom in south africa where oscar pistorius is accused of murdering his girlfriend. but for the family and friends of reeva steenkamp, the story is one of terrible loss and pain. by all accounts, reeva steenkamp was a remarkable woman. beautiful, yes, and also smart, ambitious, and funny. these are pictures from a photo shoot and interview that reeva did with "heat" magazine one week before her death. she said she and oscar were try trying to keep their relationship out of the spotlight but she absolutely adored, respected, and admired him. of her new relationship with pistorius, she said "we haven't been talking to the the media because i don't want it to get tainted. i don't want anything coming in the way of his career. he's such an amazing athlete." we have been hearing from reeva's family members as they grapple with the loss and look for the truth about what happened to her. here's whareeva's brother and cousin had to say. >> for me, it's very, very hard to think about reeva dying in a

violent way. and i don't want to go to the place where i have to imagine her being frightened and scared and running for her life. that for me is very, very difficult. i have lots of questions, lots and lots of questions. but i believe that it when the trial starts, the truth is going to come out and we'll get to the bottom of this. >> at a time like this when people are grieving, i think it's hard to keep a clear mind on anything. and with the added pressure and the media coverage and the interest from the world looking into this story, it's rather unnatural situation so i suppose i would agree with everyone from one side to the other, we just don't know. all that we want is we want to know what the truth is.

and i think that's what everyone else would like as well. to be able to make something of this, to deal with this and have something positive come out of this. >> now for a closer look at who reeva steenkamp was, here's gary tuchman. >> reporter: beautiful, smart, reeva steenkamp had a big future ahead of her. she had worked as a paralegal but was gaining international fame as a world class model. she had come a long way from the sleepy seaside town where she grew up to the bright lights and big city of johannesburg, south africa, where she was shot to death by oscar pistorius. to those who loved her, it's all inconceivable. >> reeva is not supposed to be dead. she had her whole life ahead of her. she was going to be doing great things.

>> but for reeva steenkamp, great things were already happening. in 2011 and 2012 she was ranked by south africa's version of "fhm" magazine as one of the 100 sexiest women of the world. >> she was a gorgeous girl but had like a wicked guy's sense of humor. so she got it and she kind of understood the industry she was in. really intelligent. always fun to work with. >> when she started dating pistorius, a south african power couple was born. >> let's see what's behind door number one. >> reporter: and in 2013 reeva was making her reality television debut. at a program shot in jamaica. >> my name is reeva and i'm a model. we're in jamaica this year. be jealous.

you can be jealous. >> reporter: the first episode of the show still aired this week in reeva's honor, producers say, just days before her funeral. a private ceremony attended by more than 100 friends and relatives including her father, her mother and her uncle mike. >> we are all here today as a family. there's only one thing missing and that's reeva. >> there's a space missing. >> adam steenkamp is reeva's brother. >> we're going to keep all the positive things we remember and know about my sister and we will try to continue with the things that she tried to make better. we'll miss her. >> reporter: the family is grief stricken and bewildered. reeva's mother telling the local paper "all we want are answers, answers as to why this had to happen. why our beautiful daughter had

to die like this." as it turned out, reeva was voted off the reality show, but if she was sad, it didn't show. instead she left with warm, lovely thoughts for all those she'd met on the island. >> you literally fall in love with jamaica and being in love with love. it's one love. i'm going home with sort of a sweet taste in my mouth. i don't have any regrets. i don't have any. i'll take home with meso many amazing memories and things that are in here that i'll treasure forever. i'm going to miss you all so much. i love you very, very much. [ male announcer ] research suggests cell health

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thank you for watching this special edition of "360: blade runner: murder or mistake." i'm randi kaye, good night.

are you sure your husband got shot? >> yes. >> a brutal killing on a glistening lake. >> you saw your husband get shot and thrown from the jet ski? >> yeah. >> were they caught in a cross fire? >> fighting each other for control. >> a drug deal gone bad, or was this cold-bloodied murder? >> there has been a lot of suspicions based on some of her behaviors. >> tonight, a cnn special report, murder in mexico, what happened at falcon lake?

>> it's late afternoon in texas. air operations are about to begin. >> there are areas mccallon, west of mccallon along the southwest border that are completely out of control in my opinion. >> reporter: captain stacy holland and his team from the texas department of public safety are trying to stop drug smugglers from crossing from mexico into the u.s. >> right there, right there. one guy's gotten out. >> reporter: they are also trying to stop the violence of a full-scale drug war from spilling north. >> are there parts of this border that you would be basically lawless or run by the cartels? >> absolutely.

>> reporter: smack in the middle of this 21st century version of the wild west, two young americans, david hartley and tiffany young, just teenagers when they fell in love. >> we started dating in '98. the summer of '98, and dated for quite a while before we got engaged in 2001 and married in 2002. >> what took so long? >> we were 18. >> reporter: they wound up here, in the mexican border town of reynosa, jut south of mccallon. he was a district manager for an oil company. >> it was a blessing to us and our marriage. yeah. we were -- that's where we truly grew as a couple and had adventures. >> reporter: when the hartley's first arrive here this peaceful town was a perfect place for the young couple to live, but slowly it became more and more violent.

there is a war in reynosa. two drug cartels battling for turf. a rogue band of former military are trying to push out the gulf cartel, which has smuggled drugs across the rio grande for decades. killings are constant. tiffany and david hartley learned firsthand. mexican police were not to be trusted. for one instance, he was coming home from the bank after cashing our rent check, and police pulled him over, followed him from the bank, pulled him over. had him step out and punched him in the face and stole his money. >> reporter: david, she says, saw someone get shot on the street. did you sense it was getting more dangerous? >> you could. yeah. you could sense it. you'd hear more about it. >> reporter: what did they look like? describe how you would pick out a cartel member?

>> their trucks at that time had their name. the cdt or the z for the zetas. they had actually marked their vehicles with their name and who they were. >> reporter: david convinced his company to allow him at least to live on the american side of the border in mcallen. soon afterwards, the company told david he was being offered another transfer, back home to colorado. to his mom that was a blessing. >> they were going to be home that next week looking for a house to move into. i mean, we were excited about them coming home. >> reporter: but there was some unfinished business. one last adventure david had long talked about, but never got around to. he had heard of a church partially submerged in falcon lake on the mexican side in an abandoned village called old guerrero. perfect for a couple who loved

their jet skis and loved adventure. >> i'm just like, okay. let's go see. >> reporter: had they asked local law enforcement would have warned them about pirates on the lake. had they asked, captain stacy holland would have told them not to go. >> we don't recommend going into mexico on the side of the lake, but it's perfectly well within your rights, but we just want you to be aware that threat is out there, it's very real, and you should take it seriously. >> reporter: it was a thursday and david hartley called home. >> they were excited to go have one last big ride on their jet skis before they come back to colorado, and colorado doesn't have the water, what they have around there. so, yeah. one last time to have a good time. >> reporter: it is a two-hour drive to falcon lake from

mcallen. a trip documented by a traffic stop halfway there in a town called rio grande city. something to the police looked suspicious. >> right, right. >> reporter: it looked like somebody might be stealing some jet skis. >> the trailer had expired tags. troopers let them go with just a warning, but this videotape would become part of the evidence for what was about to happen. >> you come to any strange area in the united states/mexico border, and you go to sightseeing, you're a tourist, stop in and talk to the locals. you know? find out what's going on in the area. if they'd have stopped in here and i had known they were going on jet skis, that's total no-no in falcon. up next, jet skiing into the heart of a drug war. [ fishing rod casting line, marching band playing ]

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along the texas-mexican border there's little doubt.

drugs and human smuggling are big business. very big. >> their operational plans are very good, and the one thing about these cartels is that they're ruthless and violent, but they're not stupid. >> reporter: captain stacey holland of the texas department of public safety says his proof is in these videos captured night after night by the thermal imaging camera mounted underneath his helicopter. over the last few years, there's been more violence, and most disturbing of all to holland, more coordination, lookouts, even reconnaissance in smuggling. >> one thing you have to understand is how well coordinated this is and what the level of scouting and planning and organization is. >> right coming up. >> reporter: these videos of chases at first made no sense. >> yeah. i got it.

>> reporter: drug runners caught in the u.s. and then racing back to mexico. >> coming up to the river. >> reporter: their stolen vehicles being hurled full speed into the rio grande. >> oh, my god. right there. >> reporter: at first, law enforcement believed these were desperate attempts to escape. then they began to hear radio traffic. coordinates. >> right there. oh-oh! >> in the water. >> that's a recovery team. >> just a recovery team? recovery team right there. >> reporter: the cartels even began organizing search and rescue teams and suddenly the videos made sense. drug smugglers hurling their stolen vehicles back into the rio grande were doing it for one reason. to protect their dope at all costs. >> oh, we had a splash down. a splashdown. en route. >> they don't mind losing the truck into the river.

at the end of the day if they can recover 2,000 pounds of narcotics, it's got an estimated street value between $600,000 and $800,000, that's what they are going to do, protect that inventory. >> it's going under. >> reporter: inside mexico, the army has visibly taken over much of the security in border towns. local mexican police who are not corrupted by the cartels are targets of them. thousands killed. and americans have been targets, too. >> you know, i almost think that we're flying over tribal pakistan, the way you describe this area. are you surprised or are you hardened to the fact that most of america doesn't realize this is going on? >> you know, it does amaze me, and maybe it's because i'm exposed to it so much work okay the southwestern border, but we're in a war. we're in an engagement with an

enemy that's like no other enemy we ever faced before. you have to combat these people with some of the same tactics they employ on you. if you asked me ten years ago would we be doing some of the tact ticks and missions we're doing today, i would have said, absolutely not. >> reporter: since 2004, the state department says 200 americans have been killed in mexico and nearly all caught up in the vicious firefights between rival drug cartels. it is no different even along this peaceful 28-mile long lake straddling the u.s.-mexican border two hours north of mcallen. >> we've had along the border shootings. we've had along the border murders. home invasions, burglaries, rapes. all types of crime where it's associated with what i call spillover violence.

>> reporter: siggy gonzalez was the sheriff and oversaw the investigation of the hartley incident. he has retired since our interview. >> i remember when i first started as deputy sheriff back in the 1970s where this lake was used for drug trafficking, huk trafficking. it's been used forever. >> reporter: and lately, even before the hartley's trip to falcon lake, gonzalez says a new threat has emerged. pirates. >> totally inaccurate. definition of piracy a lot different than what i know it to be. had one robbery on the lake totally. >> reporter: robert "speedy" colette who owns a fishing business admits he's been stopped by cartel but bristles at news reports of piracy and danger. these reports decimated his business on the lake which he

insisted is safe. as long as you know the rules. >> it happened to me. i didn't run. they boarded. they found out i wasn't a threat, and i was released. never robbed. never took a penny from me. they did not -- my wallet was in my glove box. i had $1,100 in my wallet. my clients were pretty wealthy people. plenty of money on them. nothing ever happened to them. >> reporter: in the air over falcon lake, stacy holland says the texas department of public safety was already advising boaters on falcon lake to be very careful. >> just a warning to let people know that this threat is out there and it's very real and that we've had documented cases of pirating. so it's mainly for situational awareness, and, you know, we don't recommend going into mexico on this side of the lake. >> reporter: tiffany hartley says she had heard about troubles on falcon lake, but she and david had been there once

before and things were fine. before and thing was fine. they never felt that somehow anything could happen. >> we hadn't heard of anything for a while and we were just there in august. enjoyed three, four hours that day on falcon lake. >> reporter: after all, it was so sunny. so calm. so perfect for one last ride. >> i told him, please, don't shoot. please, don't. >> reporter: in an instant, tiffany hartley claims she and david were caught in a war zone. >> are you sure that your husband got shot? >> yes. he was hit in his head. he was thrown off the jet ski and i couldn't pick him up to get him on mine. [ manager 1 ] out here in the winds,

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sign up now at hiltondouble.com. david hartley had always been interested in visiting the sunken church in falcon lake. on thursday morning, september 20th, 2010, a week before he and his wife would move home to colorado, david decided they would go.

did you know now what you must have known then, there have been several issues on that lake? fishermen don't cross into mexico on that lake anymore? >> we did know there were attacks. we didn't know where exactly. >> reporter: you had no worries whatsoever when you took those jet skis out? >> no idea. >> reporter: as tragic as this is, what i think i'm hearing from you is what the hartleys did was incredibly stupid. >> incredibly. >> reporter: fishing guide and resort owner speedy colette says business on the lake has taken a beating since the hartleys made what he called a stupid trip to see a sunken church. he is sick of the media attention and insists the lake and the fishermen are completely safe, as long as they follow the unwritten rules. >> this is not a jet ski lake. never a jet ski seen. here they come -- they show up on jet skis that they don't

see -- then try it approach them and stop them, because it's a war over there. two cartels fighting each other for control, and they don't stop. they take off running. >> reporter: colette agreed to take us into old guerrero, eight miles into mexico, into what he describes as a drug war, to show us just how safe it really was. but before he even passed the channel marker dividing the u.s. and mexican border, speedy made us promise not to raise our camera, not to raise any suspicion and told us there's no doubt how jet skiers would look following this same path, like drug smugglers. only people with jet skis are involved with dope. >> right. >> reporter: clearly nervous, colette barely slowed down as we approach the church tiffany and david hartley visited on september 30th. he turned the boat and gave us 30 seconds to take the pictures at the exact spot tiffany

hartley said they had stopped. this is the last place they came to at the old guerrero church. they took pictures on the steps and then set out down this clan to head back and it was about five minutes into their voyage when they were approached by the boats. in an instant, the man who told us this lake was safe was again speeding away from mexico 70 miles an hour. the same path the hartleys were on when tiffany says the attack began. >> there's a boat on our left and two on our right. on kind of towards the land, we're kind of in the middle of the lake. and then that's when he motioned that -- we needed to go. >> reporter: did you see something in his eyes that said, this could be serious? >> i could just tell by his body language.

you know, i saw him, and he was just kind of, like, we got to go. this is serious. but we stayed behind and stayed between me and the boats. >> reporter: protecting you? >> mm-hmm. >> reporter: it was now a chase. tiffany says her jet ski was going at least 65 miles an hour. they were racing for the other side, for the u.s., for safety. i mean, were you scared? were you frightened at that moment? >> oh, oh my gosh. yeah. >> reporter: you thought these guys are coming after us? >> uh-huh. >> reporter: three boats closing from two directions, but not catching up. tiffany thought they would outrun them until she heard the shots. you heard shots. boom, boom, boom? >> you could hear them, you could feel them. you could feel them flying by you. until i saw the two next to me. that's when it came really clear how close they were. >> reporter: and you saw your husband get shot and thrown from

the jet ski? >> yeah. >> reporter: tiffany says she circled back as the three boats encircled her. david was face-down she says floating when she jumped into the water in a failed attempt to save him. turning him over, she realized there was nothing to save. why did you turn around? >> he's my husband. he's my love. he's my life. he's everything to me. and once i saw him flying off, i didn't know where he was shot, but i knew it couldn't have been good and there was no way i was going to not go and try to help him. >> reporter: can i ask you where he was shot? >> in the back of the head, but it came out in the front. the forehead. >> reporter: did you know immediately -- >> yeah.

he wasn't -- he wasn't there. he was gone. you know, yelling for help and looking for anybody who would help me, but knowing there was not going to be anybody. >> reporter: but somebody was still there. she claims standing over her, a gunman in one of the boats. >> reporter: did you think, this was it? >> uh-huh. i told him, please, don't shoot. please, don't. >> reporter: in a moment of apparent confusion, hartley says she saw her chance to flee. >> the gun would be on me, and then he'd take it off and then he'd put it back on me. it's like he didn't know what to do with me. do i shoot her? do i not? that's when they left to go meet the other boats. >> reporter: racing towards the u.s., she passed the boat slip where she and david launched from less than an hour earlier. the boat's in pursuit.